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Tuomey Affirmed; But CMS Throws the Healthcare Industry a Stark Law Life Raft

By Philip Berg, Cindy Reisz & Danielle Sloane on July 14, 2015
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In a welcomed move, CMS has proposed changes to the federal physician self-referral law (Stark Law) designed to improve consistency and interpretability and alleviate the number of technical violations leading to self-disclosures. This move is in stark (pun-intended) contrast to the stringent interpretation of the Stark Law by the Fourth Circuit in its decision in U.S. ex rel. Drakeford v. Tuomey Healthcare System, Inc., earlier this month. Given these sizable developments, what has changed and what are the implications for the healthcare industry?  Our recent article discusses the Fourth Circuit’s opinion and what is to come for healthcare providers navigating the Stark Law.

Photo of Philip Berg Philip Berg

Phil Berg helps healthcare providers and companies navigate transactions, compliance issues and operational contracts. He has significant experience working with physician practice management companies, hospitals, ambulatory surgery centers, joint ventures, medical practices and other healthcare companies.

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Photo of Cindy Reisz Cindy Reisz

National healthcare providers have called upon Cindy Reisz for her transactional and operational experience. Her extensive knowledge of the healthcare industry and its regulatory framework allows her to structure complex deals, such as joint ventures, acquisitions and de novo development of facilities and…

National healthcare providers have called upon Cindy Reisz for her transactional and operational experience. Her extensive knowledge of the healthcare industry and its regulatory framework allows her to structure complex deals, such as joint ventures, acquisitions and de novo development of facilities and healthcare services that comply with federal and state healthcare laws.

Read more about Cindy ReiszEmailCindy's Linkedin Profile
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Photo of Danielle Sloane Danielle Sloane

Danielle Sloane helps national life science and healthcare companies navigate the complex maze of federal and state healthcare laws and regulations. With an analytical eye, Danielle helps her clients mitigate legal risk, innovate and achieve regulatory compliance consistent with their business goals.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Inside the False Claims Act
  • Organization:
    Bass, Berry & Sims PLC
  • Article: View Original Source

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